Injunction granted against pro-Palestinian U of T encampment

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The clock is ticking.

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Pro-Palestinian protesters who, since May 2, have set up an encampment at the University of Toronto’s King’s College Circle have until 6 p.m. on Wednesday to dismantle the encampment after the university was granted a court injunction on Tuesday afternoon.

“This decision will restore King’s College Circle for the use of all members of the U of T community,” a U of T spokesperson said in a statement following the court decision. “We trust that those in the encampment will abide by the court order and vacate the encampment before the court-imposed deadline.”

The injunction gives police the authority to arrest and remove anyone who knows about the order and contravenes it.

“TPS will enforce the court’s order. We hope that protesters will leave voluntarily to avoid the need for police action,” a Toronto Police spokesperson said.

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In his ruling, Ontario Superior Court Justice Markus Koehnen said that while there is no evidence the encampment participants have been violent or anti-Semitic, the demonstration has taken away the university’s ability to control what happens on the area known as King’s College Circle.

The case law is clear that this amounts to irreparable harm, the judge wrote.

“In our society, we have decided that the owner of property generally gets to decide what happens on the property,” Koehnen said.

“If the protesters can take that power for themselves by seizing front campus, there is nothing to stop a stronger group from coming and taking the space over from the current protesters. That leads to chaos.”

Encampment organizers appeared unfazed by the injunction being granted.

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“Make no mistake — our resolve is stronger than ever,” encampment participant Mohammad Yassin said during a news conference on the U of T grounds late Tuesday afternoon. “We’ve said from Day 1 that we will not leave this campus until U of T discloses, divests, and cuts ties. That commitment stands firm.

“The university’s shameful attempt to use legal force to brutalize its own students for the crime of protesting genocide will go down in history as a disgraceful chapter for this institution,” he added. “We will not be intimidated. No amount of police presence, no threat of legal action, no Zionist threat, and no attempt to smear our movement will deter us from our mission. We stand here united, stronger than ever with a resolve that cannot be shaken.”

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As part of the cout decision, protesters are permitted to continue to demonstrate from 7 a.m. to 11 p.m.

B’nai Brith Canada, which sought, and was granted, intervenor status in the case, said on Tuesday that it was “pleased” with the court injunction.

“(The) decision sets a powerful precedent,” said Richard Robertson, B’nai Brith Canada’s director of research and advocacy, in a statement. “There is no justification for the behavior of the encampment’s participants, whose actions went well beyond what is permissible as free expression and lawful protest and included anti-Semitic chants and slogans, as well as calls for violence.”

In his decision, Ontario Superior Court Justice Markus Koehnen ordered protesters to remove “any and all structures, tents, and encampments” by 6 p.m. Wednesday, as well as vacate Front Campus and King’s College Circle.

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“Our submission supported the granting of an injunction, citing the irreparable harm the encampment was having on the human rights of Jewish members of the university’s community,” B’nai Brith added in its statement.

B’nai Brith said since the encampment began in May, “Jewish students and faculty at the university have experienced unprecedented levels of harassment and intimidation.”

“This decision is the one so many Canadians have been hoping for,” Robertson said. “We call on universities across the country to use all the means at their disposal to end the encampments plaguing their campuses and to ensure the well-being of all their staff and students.”

Lawyers for the protesters had argued in court that the campus field isn’t private property but rather a space for public debate versus the university lawyers who argued protesters were not protected by the Charter of Rights and Freedoms and should be ordered to pack up the encampment.

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In the last two months, the protesters set up dozens of tents in King’s College Circle, which is surrounded by temporary fencing and the university held graduation ceremonies at U of T’s Convocation Hall in June amid the ongoing demonstration.

The university applied for an injunction late last month after the protesters ignored a trespass notice and deadline to leave.

The school asked the court to authorize police action to remove protesters who refuse to go, and to bar protesters from blocking access to university property or setting up fences, tents or other structures on campus.

The university initially sought the injunction on an urgent basis because the encampment is near Convocation Hall, where graduation ceremonies were scheduled to take place over several weeks this month.

The court heard the application over two days last week, after most of the ceremonies were done. No major disruptions were reported.

-with files from The Canadian Press

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